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PEMERIKSAAN SAKSI YANG BERDOMISILI DI LUAR NEGERI DALAM PERKARA PERDATA (STUDI PERKARA DI PENGADILAN NEGERI SLAWI NOMOR 30/PDT.G/2024/PN SLW)
Globalization and citizen mobility present new challenges in the practice of presenting evidence in civil cases, particularly when relevant witnesses reside abroad. Classical civil procedural law essentially requires witness examination to be conducted in person and orally in the courtroom, thus the presence of cross-border witnesses raises issues regarding urgency, legality, and compliance with reporting principles. This issue concretely emerged in Case Number 30/Pdt.G/2024/PN Slw at the Slawi District Court, where a witness domiciled in the United States was examined via teleconference at the Indonesian Representative Office. This study aims to analyze the urgency of the presence of foreign witnesses in divorce cases and assess its implementation from the perspective of legal certainty and the principles of simple, expeditious, and low-cost justice. This research is an empirical legal study with a juridical-empirical approach. Primary data was obtained through decision number 30/Pdt.G/2024/PN Slw and interviews with one of the judges who decided the case. Secondary data came from regulations, books, and articles. The analysis was conducted qualitatively, using the theory of legal certainty and the principles of simple, expeditious, and low-cost justice as analytical tools. The research concludes that, first, the presence of witnesses abroad in the divorce case number 30/Pdt.G/2024/PN Slw is considered urgent, because the witness is the main witness whose presence is highly desired by the Plaintiff, the witness's position as a relative of the Plaintiff, the weakness of written evidence, and the absence of a prohibition on presenting witnesses abroad. Second, the presence of witnesses abroad has reflected legal certainty based on PERMA Number 1 of 2019 jo. PERMA Number 7 of 2022 and the Cooperation Agreement between the Supreme Court and the Ministry of Foreign Affairs. However, the presence of witnesses in the examination of witnesses abroad in practice does not reflect or is not in accordance with the principles of judicial procedural law, namely the principle of simple, fast, and low-cost trials. Thus, the examination of witnesses domiciled abroad has reflected legal certainty and is a form of adaptation of civil procedural law to global dynamics and technological developments, which still maintains legality and legal certainty. However, this practice requires improvement to optimize its effectiveness and efficiency.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PEMERIKSAAN SAKSI YANG BERDOMISILI DI LUAR NEGERI DALAM PERKARA PERDATA (STUDI PERKARA DI PENGADILAN NEGERI SLAWI NOMOR 30/PDT.G/2024/PN SLW) (Text)
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